S.J. PAROLEE TRIES TO BLOCK DNA TESTING

New State Law Forces Convicts To Give Samples For Database

A PembertonTownship parolee is seeking an injunction in the Federal U.S.
District Court (Camden) to block a law that requires anyone convicted of a
crime in New Jersey to provide a DNA sample for a state database.

The law also requires the 110,000 people already in prison or under the
supervision of either a parole or probation officer to submit DNA by
providing saliva samples.

"It's just another example of the government interfering with people's
lives," said Edward Forchion, who is enrolled in the state's Intensive
Supervision Program.

Forchion, who tried to change his legal name to NJWeedman.com, is head of
the Legalize Marijuana Party.

He was sentenced to 10 years in prison in December 2000 for possessing 25
pounds of the drug. He served 17 months before being admitted to the
20-month parole program in April 2002.

Forchion, who received a letter from the state warning he could be arrested
if he fails to submit to the testing, filed a motion for the injunction
Tuesday in Federal Court on the grounds that the measure is an ex post
facto law.

He claims the law - which Gov. James E. McGreevey signed Sept. 22 -
retroactively alters defendants' rights by increasing the punishment
imposed at the time a crime was committed.

Forchion said his parole is over and he is awaiting a court date to
formally declare him a free man. He said he served his time, and that his
plea bargain and sentence mentioned nothing about providing a DNA sample.

The law may not be considered punishment, but rather a bill that protects
the public, said Perry Dane, a RutgersUniversity law professor.

"There's been similar debates on the sex offender registry statutes," Dane
said. "Even in that context, the courts have upheld sex-offender registration.

"This seems to be a new form of identification, and the state certainly has
the right to maintain information on former prisoners," Dane added.

The state intends to collect DNA samples from more than 140,000 people in
the next two years. A $2 surcharge on traffic tickets will pay for the process